‘Fumbling, Bumbling Efforts’ To Deny Promotion

Gayle McMullin is a lieutenant with the Mississippi Department of Public Safety. For years, she served on and off as a training officer in several patrol schools at the Patrol’s Training Division. In that capacity, McMullin trained cadets in various disciplines such as driving, firearms, and physical fitness. In 2000, McMullin was transferred to the […]

Arbitrator’s Reinstatement Of Officer In Excessive Force Case Does Not Violate Public Policy

Officer Scott Oglesby worked for the Bloomington, Illinois Police Department and was a member of the Policemen’s Benevolent and Protective Association. In May 2011, the Department terminated Oglesby after sustaining an excessive force charge against him. The underlying incident occurred in December 2010, when Oglesby responded to an incident at a local school. When Oglesby […]

Police Standards Board Not Bound By Arbitrator’s Decision

Lance Parcell was an officer in the Airport Police and Fire Department of the Alaska Department of Transportation. On May 5, 2006, while on a training assignment, Parcell and two other training officers went to a bar in Sitka and Parcell became extremely intoxicated. While at the bar, Parcell slid toward a female officer on […]

Q & A

From Illinois Question: I represent (mostly unionized) police officers in Illinois and am dealing with Garrity situations on a daily basis. I represent one small organization of railway police officers who are organized under the National Railway Labor Act (RLA). This set of laws is often quite different from NLRB/IPLRA cases (including no ULP/Weingarten charge […]

No Privacy Claim For Officer Whose Disciplinary Records Were Released To Press

Donald J. Huston is a police officer employed by the Meriden, Connecticut Police Department. In April 2011, the City released information from Huston’s personnel file to the press during an interview with reporters of the local newspaper. Among the items released was a letter of reprimand Huston received in 2007. Huston alleged that the letter […]

Firefighter Loses ADA Case Because Discrimination Occurred Before Change In Law

Manu Kennedy, a former District of Columbia firefighter, refused to comply with a policy requiring firefighters to be clean-shaven so that they can safely wear their respirators. Kennedy has pseudofolliculitis barbae (PFB), a skin condition that disproportionately affects African-American men and can lead to irritation and infection when shaving one’s face closely. Kennedy’s dermatologist recommended […]

FDNY ‘Black Sunday’ Firefighters Allowed To Bring Safety Claims

January 23, 2005, became known as “Black Sunday” in the Fire Department of New York. On that day, three firefighters lost their lives in two separate fires. Many other firefighters, including Eugene Stolowski and Brendan Cawley, were seriously injured. Stolowski and Cawley were fighting a multi-story fire in Brooklyn when their team became trapped by […]

Mere Threats Not Enough For Free Speech Lawsuit

The Contra Costa County Deputy Sheriff’s Association represents sworn and unsworn employees who work for the Contra Costa County, California Sheriff’s Office. The Association sued the County, alleging that the County and four members of the Board of Supervisors violated the Association’s free speech rights by making threats in retaliation for the Association’s participation in […]

Firefighter Wins Age Discrimination, GINA Claims

David Lee was a firefighter/EMT for the City of Moraine, Ohio Fire Department for nearly 16 years. He was also a member of Moraine Professional Firefighters Association, IAFF Local 2981. The City and Local 2981 had been involved in discussions for years about physical standards for the job. On November 23, 2011, Lee received an […]

Ohio Firefighter Wins $251K In Back Pay In Residency Case

In 2006, the Ohio Legislature enacted a statute known as R.C. 9.481, prohibiting political subdivisions from establishing residency requirements. The statute became effective May 1, 2006. Numerous court challenges to the constitutionality of R.C. 9.481 were filed by employers. In 2009, the Ohio Supreme Court upheld R.C. 9.481, effectively eliminating residency requirements for municipalities throughout […]

Officer Cannot Be Forced To Testify In Pre-Discipline Hearing

Leon Dykas was a police officer for the Worcester, Massachusetts Police Department. In 2008, Dykas was purported to have engaged in noncriminal misconduct involving his ex-wife in violation of a “Last Chance Settlement Agreement” into which he had entered with the Department. Dykas cooperated with the Department’s internal investigation and attended an investigatory interview at […]

Arbitrator Has No Authority To Rewrite Contract In The Name Of Fairness

The collective bargaining agreement between the City of Pittsburgh and the Fraternal Order of Police Fort Pitt Lodge No. 1 has a secondary employment clause providing that “police officers engaged in secondary employment will receive the rate of pay for such work as agreed upon by and between the City and the Secondary Employer.” The […]

Florida Mayor Cannot Veto Council’s Resolution Of Bargaining Impasse

The Dade County Police Benevolent Association (PBA) and the Mayor of Dade County began negotiations in 2011 for successor collective bargaining agreements for the rank-and-file and supervisory police officers employed by the County. By November 2011, the parties reached agreement on all issues except one: Whether the bargaining unit employees would be required to contribute […]

On-Duty Sexual Assault Not An ‘Accidental Disability’

Yessenia Montalvo was a member of the Newark, New Jersey Police Department for 13 years. When she was on duty on August 23, 2009, she went to Newark Municipal Court to obtain a warrant for one of her active investigations. After obtaining the warrant, she went to the apartment of Louis Weber, a fellow Newark […]

No Defamation Lawsuit For Statements Made In Disciplinary Investigation

Michael Fiore was a probationary police officer for the Town of Whitestown, New York. The employee of a tanning salon appeared at a meeting of the Whitestown Police Commission and told the Commissioners that while Fiore was off duty he visited the tanning salon and displayed a handgun. The tanning salon employee also told the […]

California Court Strikes Down Most Pension Reductions

Since 1996, retired employees of the City and County of San Francisco have been eligible to receive a supplemental cost of living allowance (COLA) as part of their pension benefits when the retirement fund’s earnings from the previous year exceeded projected earnings. On November 8, 2011, City voters passed Proposition C, an initiative measure that, […]